LA HABRA HEIGHTS >> The Los Angeles County District Attorney’s Office has accused the city of breaking the state’s open-meeting law twice in the last six months.

In letters sent to the city, the Planning Commission is accused of not allowing residents to speak at an Aug. 27 meeting and the City Council is alleged to have illegally engaged in what’s called a “serial meeting” in which individually they approved spending, instead doing it at a public meeting.

The District Attorney’s Office isn’t taking any further action than sending a letter in both cases.

Bjorn Dodd, deputy district attorney who sent both letters, said his office in most cases can do no more than send a warning.

“That’s what’s available as a remedy,” Dodd said. “You can only prosecute for certain misdemeanors and these violations didn’t amount to a misdemeanor.”

All other remedies would consist of having a judge tell a city not to do (the wrongful act) again and that’s only for multiple violations of the same issue, Dodd said. That’s not the case here, he added.

City Manager Shauna Clark complained that Dodd hadn’t contacted the city about the complaints to get its side.

“We do our own investigation,” he said. “If it’s a violation, we don’t need an explanation.”

Clark said the accusation of the “serial meeting” was false.

She said that she approved the spending for a surveillance system at City Hall under her spending authority as city manager and also posted the item, “The Facts,” on the city web site — again without City Council approval.

“It’s the staff who posts the website,” she said.

But in his letter, Dodd questioned whether the council approval was given.

“In an email dated May 15, 2013, addressed as “Dear Friends,” the city manager wrote that the City Council had authorized staff to create the new website section,” Dodd stated.

“However, we found no record of this item of business being posted on a previous meeting agenda or being discussed by the City Council at a previous public meeting,” he stated. “Therefore, it appears that the decision was the product of improper “serial communications” outside of the public view.”

Dodd’s complaint about the Oct. 27 Planning Commission stated that resident Stephen Blagden wasn’t allowed to speak on the minutes and the community development report, although it’s possible the commission didn’t realize he had submitted a card.

The commission also illegally cut off resident Williams Phelps who was talking about a proposal to allow the city to approve development agreements by saying “project review” had been a problem” for La Habra Heights, Dodd stated in his letter.

A third resident, Michelle Kurtz was cut off speaking when she asserted that city personnel had a vendetta against members of the Morgan family who had previously challenged particular actions taken by the city, Dodd stated.

“The public right to address the commission includes the right to criticize the Commission or other city personnel,” Dodd stated.

Blagden, who was among several people filing the complaints, said he’s happy the District Attorney’s Office sent the letters.

“I’m glad they responded,” Blagden said. “They kind of put the city on notice.”

Mike Sprague started at the Whittier Daily News in April 1984. Since then, Sprague has covered every city in the Whittier Daily News circulation area, as well as political and water issues. Sprague received a bachelor's degree in communications and a master's degree in political science, both from Cal State Fullerton.